BUTLER v. FIDELITY &c. CO. OF N. Y.

34634.

88 Ga. App. 620 (1953)

76 S.E.2d 813

BUTLER v. FIDELITY & CASUALTY CO. OF NEW YORK et al.

Court of Appeals of Georgia.

Rehearing Denied July 22, 1953.


Attorney(s) appearing for the Case

J. Richmond Garland, Louis M. Tatum, M. T. Hartman, III, for plaintiff in error.

John M. Slaton, J. Hugh Rogers, contra.


SUTTON, C. J.

There is a motion to dismiss the writ of error on the ground that the appeal is premature, as the order excepted to is not a final judgment. Code § 114-710, providing for an appeal to the superior court from an award by the board, states in part: "The findings of fact made by the directors within their power shall, in the absence of fraud, be conclusive, but upon such hearing the court shall set aside the order or decree of the directors, if it...

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